- 11 -11 contributed to the property [sic], it may consist of property contributed to the partnership on the amount paid to a retiring partner for his interest. The testimony and exhibits show that Petitioner purchased an interest in 1968 and paid a portion of debt due to retiring partners after the 1985 consumption of 4/7 of the former junior partners' debt to the named partners who had sold their interests. The contribution to the partnership by the Petitioner of work in process and accounts receivable are contributions of property. This is recognized by IRC � 724 which deals with unrealized receivables and inventory. Work in process is the inventory of a law firm and accounts receivable are unrealized receivables. The value of those two items alone produced and contributed by Petitioner are significantly more than the deduction claims. Petitioner's reasoning is flawed. Petitioner is not entitled to a deduction for failure to realize anticipated income. Hort v. Commissioner, 313 U.S. 28 (1941). Petitioner has not acquired a basis in the accounts receivable and work in progress under section 705 unless the amounts of these items had been reflected in the income of the partnership and in petitioner's distributive share in 1990 or in prior years. Holman v. Commissioner, 66 T.C. 809, 816- 817 (1976), affd. 564 F.2d 283 (9th Cir. 1977). But as a cash basis taxpayer, Heidelberg & Woodliff's accounts receivable and work in progress are not reflected in the partnership's income (norPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011